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(영문) 제주지방법원 2016.12.09 2016고정699

화학물질관리법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates the "C" in Jeju City B.

1. Any person who intends to conduct hazardous chemical business, such as selling nicotine and a mixture containing more than 2% of nicotine and its salts for electronic tobacco purposes, shall obtain prior permission from the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, at around 11:07 on April 5, 2016, the Defendant, without permission, sold liquid products to customers who visited a store with approximately 29.2% of nicotine content in a single ml container in the above C store, and operated hazardous chemical business.

2. A person who intends to conduct tobacco manufacturing business in violation of the Tobacco Business Act shall obtain the permission of the Minister of Strategy and Finance as prescribed by Presidential Decree;

Nevertheless, at around 17:57 on July 29, 2015, the Defendant, without permission, manufactured a liquid solution for electronic tobacco in a manner that combines the liquid solution with 12 liquid solution to customers visiting the above C store to purchase liquid solution.

Summary of Evidence

1. Defendant's legal statement;

1. Business registration certificate, retailer designation certificate, official document related to an application for permission to conduct hazardous chemicals business, and a report on investment management and response by the Ministry of Strategy and Finance

1. A summary appraisal report;

1. Related photographs and photographs of seized articles;

1. Application of Cnico, finine-related photographs, and video CD-related video products manufacturing-related statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 58 subparagraph 4 of the Chemicals Control Act, Article 28 (1) of the Selection of Punishment Act, Articles 27 (1) 1 and 11 (1) of the Tobacco Business Act, and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;